Skip to main content

An article by Swati Sharma looking at the weight attributed by Indian courts to well-known trademarks and those imbibing trans-border reputations in determining prior users.

India is one of the world’s fastest-growing economies, a nation hungry for development and opportunity. It has sound enforcement mechanisms, a progressive judiciary and a political will to do away with archaic laws. More significantly for rights holders, the Indian judicial system respects and upholds the rights of prior trademark users anywhere in the world. Some recent decisions involving the concepts of well-known marks and trans-border reputation serve to highlight the dynamism of the Indian courts.

This article was published in Managing the IP Lifecycle: India 2015/2016.

Read more

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Jul 02, 2025

‘First published on WTR’ By: Safir Anand In summary This article explores the new IP Reforms 3.0 initiative in India and various developments in the

Promising reform aims to modernise IP management and protection in India 
Thought Leadership
Jun 28, 2025

‘First published on WTR’ By: Saif Khan and Prajjwal Kushwaha Legal framework Trademarks Act 1999 The Trademarks Act is the parent statutory regulation

India: lack of court harmonisation in tackling emerging online infringement threats underscores need for further case law
Thought Leadership
May 29, 2025

‘First published on Lexology’ By: Sandhya Singh, Sampada Kapoor and Kritika Gandhi Trademarks play a pivotal role in distinguishing the goods or services

Heir of the Family Trademarks
Thought Leadership
May 15, 2025

‘First published on India Business Law Journal’ By: Pravin Anand, Dr. Ajai Garg and Alvin Antony The ascendancy of large language models (LLMs) has

Navigating the AI frontier: India’s sovereign LLM quest